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UNITED STATES v. MONTGOMERY

No. 76-3219.

554 F.2d 754 (1977)

UNITED STATES of America, Plaintiff-Appellee, v. Paul L. MONTGOMERY, a/k/a Kenneth Selvester Watson, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied August 29, 1977.

Attorney(s) appearing for the Case

Harry Lee Hudspeth, El Paso, Tex., for defendant-appellant.

John E. Clark, U. S. Atty., San Antonio, Tex., Frank B. Walker, Asst. U. S. Atty., El Paso, Tex., for plaintiff-appellee.

Before TUTTLE, GOLDBERG and CLARK, Circuit Judges.

Rehearing Denied August 29, 1977. See 558 F.2d 311.

CLARK, Circuit Judge:

Paul L. Montgomery appeals his conviction both for conspiracy and the substantive offense of possession of five and one-quarter pounds of heroin with the intent to distribute. He urges that the evidence was insufficient to establish a conspiracy and further that the heroin was discovered as a result of an illegal search. We affirm.

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